Q: If a child is 12 years old doesn't she have the right not to see her father if she doesn't want to?
The mother is primary custody and father see her every other weekend. The daughter doesn't want to see him anymore. Will he still have to pay child support if the child doesn't want to see him anymore?
A:
A child age 12 is usually too young to decide whether she wants to participate in visitation. She will probably have some say in her visitation schedule, however, the court will want to know why she does not want to go. Is this based upon a well reasoned decision? Is this because of parental alienation? Does Dad have a substance abuse problem? The courts feel very strongly that a child has a right to know both her parents, and will not deprive a child of those relationships unless there is a good reason. At some point, though the child becomes too old to force to visit the other parent. This usually happens around 13 or 14; however, I have seen 16 yar old children forced to visit their parents.
As for child support: yes, Dad must pay whether or not he is allowed to see his daughter.
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